IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE fi PRESENT HONOURABLE SRI DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE ARBITRATION APPLICATION NO: 19 OF 2023 Between: Gunti Nageswara Rao, S/o Sadasivaiah, R/o 5-269/2 CR Colony Main Road. MV Narayanapuram, Chilakaluripet, Palnadu District. ...Applicant AND 1. Kalpataruvu Chits, Chilakaluripet Rep by its Mg. Partner Lanka Raghu Rami Reddy R/O D.No. 4-420, Narasaraopet Centre, Chilakaluripet. , Palnadu District. 2. Lanka Raghu Rami Reddy, S/o L. Lakshma Reddy, Managing Partner, R/O 9-473/2, CR Colony 2nd lane, chilakaluripet, Palnadu District. 3. Rattan Jaffar Khan, S/O Khasimm Khan, Managing Partner, R/O 13- 52,Gurrala Chavadi, Chilakaluripet, Palnadu District. 4. Sankati Siva Parvathi, W/0 Sankati Subba Reddy, Managing Partner, R/O 9-473/3,CR Colony 2nd lane, Chilakaluripet, Palnadu District. ...Respondents Arbitration Application under Sub Section (5) of Section 11 of the Arbitration and Conciliation Act, 1996 read with Para Scheme of Arbitrators, 2006 as framed by the High Court, Amaravati praying that the High Court may be pleased to appoint an arbitrator for (3) (i) (c) of the settlement of disputes between applicant on one hand and respondents the other hand in respect of Kalpataravu Chits, Chilakaluripet. on Counsel for the Petitioner: Dr Sastry Jandhyala Counsel for the Respondents : Sri P. Prabhakar for Sri Ghanta Sridhar The Court made the following: V ■ Bench Sr.No:-6 [3441] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI APHC010133672023 ARBITRATION APPLICATION NO: 19 of 2023 ...Applicant Gunti Nageswara Rao Vs. ...Respondents Kalpataruvu Chits and others ********** Dr. Sastry Jandhyala Mr. P. Prabhakar for Mr. Ghanta Sridhar Advocate for Applicant Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR DATE : 10th January 2025 PC : The present Arbitration Application has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, for appointment of an Arbitrator to adjudicate upon the disputes arising out of and in connection with the Partnership Deed, dated 01.04,1992. The disputes are stated to have arisen between the partners which are sought to be resolved through the mechanism of arbitration as was envisaged in terms of clause 15 of the Partnership Deed, which reads as under: 2. Referring of Disputes to That ail disputes and difference relating to the partnership or its dissolution or arising out of this deed between the parties to this 15. 2 Ha A.A.No.19 of 2023 deed, or between their legal representatives, or between any them and their respective legal representatives; whether during the subsistence of partnership or at any time thereafter, shall be referred to arbitration in accordance with the provisions of Indian Arbitration Act, 1940 or if any modifications therein and the decision or award given by the arbitrators shall be binding on all the parties hereto. ” It is stated that a notice, dated 24.10.2022, was served upon the respondents invoking the arbitration clause and proposed the name of Mr. A. Radha Krishna, Retired District Judge, to settle the disputes and differences between the parties which, however, was not agreed to by the respondents, who, in turn, suggested the name of Mr. Gabbiti Sivarama Krishna Prasad as an Arbitrator, which too was not acceptable to the applicant. 3. Having failed to arrive at a consensus in regard to the choice of the arbitrator, the present application has been filed seeking the appointment of an Arbitrator to resolve the disputes. 4. Learned counsel for the respondents does not dispute the existence of the arbitration clause in the agreement and only seeks that their rights be reserved to raise all possible objections to the claims / counter claims before the learned Arbitrator. 5. Be that as it may, the present application is allowed. Justice G. Shyam Prasad, former Judge of the High Court of Andhra Pradesh, is appointed as an Arbitrator, who shall enter upon the reference and adjudicate upon the disputes arising out of and in connection with the Partnership Deed, 6. 3 HCJ A.A.No.19 of 2023 dated 01.04.1992, and render the Award within the statutory period. The question of arbitrability of the claims is left open to be decided by the learned Arbitrator. The parties shall be free to file detailed claims and counter-claims, before the learned Arbitrator. The learned Arbitrator shall also be entitled to claim the fee in consultation with the parties, keeping in view the provisions of the Fourth Schedule of the Arbitration and Conciliation Act, 1996. No costs. Pending miscellaneous applications, if any, shall stand closed. A copy of this order be communicated to the learned Arbitrator on the address mentioned herein below: Justice G. Shyam Prasad, TEAK, Flat No.604, Raintree Apartments, Nambur, Guntur, Andhra Pradesh. Ph# 8331044099 SD/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// TOffo^lCER 1. Sri Justice G. Shyam Prasad, TEAK, Flat No.604, Raintree Apartments, Nambur, Guntur, Andhra Pradesh, Ph.No. 8331044099 (along with a copy of Arbitration Application Affidavit and all material papers filed along with Arbitration Application) 2. The Registrar (Judicial), High Court of Andhra Pradesh at Amaravathi. 3. Kalpataruvu Chits, Chilakaluripet Rep by its Mg. Partner Lanka Raghu Rami Reddy R/O D.No.4-420, Narasaraopet Centre, Chilakaluripet., Palnadu District. 4. Lanka Raghu Rami Reddy, S/o L. Lakshma Reddy, Managing Partner, R/O 9-473/2, CR Colony 2nd lane, chilakaluripet, Palnadu District. 5. Pattan Jaffar Khan, S/O Khasimm Khan, Managing Partner, R/O 13-52, Gurrala Chavadi, Chilakaluripet, Palnadu District. 6. Sankati Siva Parvathi, W/O Sankati Subba Reddy, Managing Partner, R/O 9-473/3,CR Colony 2nd lane, Chilakaluripet, Palnadu District. 7. One CC to Dr Sastry Jandhyala, Advocate [OPUC] 8. One CC to Sri. Ghanta Sridhar, Advocate [OPUC] 9. The Section Officer, OS Section, High Court of Andhra Pradesh at Amaravathi 10. Three CD Copies \ SEC To, Stu sree HIGH COURT DATED:10/01/2025 ORDER ARBAPPL.No.19 of 2023 I 2 0 JAN 2025 ^ Current Section OesPATC"*’”-^ ALLOWING THE ARBITRATION APPLICATION